Although the elections might have been postponed, plots to disqualify the People Democratic Party’s presidential candidate Goodluck Jonathan is getting realer than expected.
According to a new report by Premium Times, fresh suit which is targeted at making President Jonathan ineligible for a re-election come March 28 poll is ready to be served to him. Few days ago, a suit was served the president seeking for his disqualification. However it looks like it is getting real as Justice Ahmed Mohammed of the Federal High Court has ordered a new law suit via the Secretary to the Government of the Federation, SGF, or the Office of the Minister of Justice and Attorney General of the Federation.
In the report,the suit, FHC/ABJ/CS/1112/2015, which was instituted by Nkemjika Nkemjika was assigned to the court of Friday. The defendants in the suit apart from Mr. Jonathan are his party, the Peoples Democratic Party, and the Independent National Electoral Commission, INEC. Nkemjika made it known that the presidency could not be served directly because he is living in Aso Rock, which makes him fortified against being served.
Referring to the provisions of sections 135(1) (b) and 135(2) (b) of the Constitution, Mr. Nkemjika argues that Mr. Jonathan’s second term in office would end on May 29, because Section 135(2) (b) of the 1999 Constitution (amended) does not envisage that the vice president should complete the unexpired tenure of office or unexpired term of office of a deceased President.
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According to him, the president should be qualified to contest the 2015 presidential poll if he had won an election supervised by the Senate President in 2010 in accordance with the provision of Section 146(2) of the Constitution.
Section 146(2) provides that: “Where any vacancy occurs in the circumstances mentioned in sub-section 1 of this section during a period when the office of the Vice-President is also vacant, the President of the Senate shall hold the office of the President for a period of not more than three months, during which there shall be an election of a new President, who shall hold office for the unexpired term of office of the last holder of the office.”
Mr. Nkemjika asked the court to remove Mr. Jonathan’s as the presidential candidate of PDP in view of the provision of Section 135(1)(b) of the Constitution, which states: “Subject to the provisions of this Constitution, a person shall hold office of the President until he dies whilst holding such office.”
The judge subsequently adjourned the suit to February 26. [Premium Times]
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